Indigo railway parking notice

pappa_golf

2. As they are offering me POPLA in writing,


????

go for it , state non relivent land , await next yrs announcement regarding railway bylaws by the government , it will have timed out by then

however I expect them not to offer any evidence when asked by POPLA

Joe_whenjung

yeah papa golf, i didnt expect another offer to appeal, let alone an offer to take to POPLA
"If your appeal is rejected you will be provoded with details of how to refer the matter to an independant appeals service (POPLA), along with a unique reference number."

It on the back of the letter so I assume its just old stationary.

pappa_golf

old stationary or not , you are making an appeal based on a very recent letter

Coupon-mad

You couldn't make it up could you! They have given you another chance to string it out further.

pappa_golf

another 28 days to reply , then re writing to them regarding the POPLa code you will not get , and replies , should easily see 6 mths out


copied from pepipoo

Indigo Park Solutions UK Ltd has no written authorisation from the landlord to manage any of these station car parks. All their tickets are fraudulent. Only Indigo Park Services UK Ltd has written authorisation, that is a totally different company with a different registration number

Joe_whenjung

can you link to the thread pappa? Id like to see if they give the source of information. Unless anyone here knows where one can source a list of companies with written authorisation?

Joe_whenjung

Hi guys,

Just wanted to get your view on something. As I have been given an unexpected opportunity to make a second appeal in this case, I can either go with a simple appeal (blue text appeal slightly amended), or go big.

I see my options currently as:
1. A standard blue text appeal, but also highlighting that the NtK has arrived after 75 days. Or;
2. Give the 'Big' reply below. I'm not sure if this goes too far and could compromise a the POPLA appeal they have offered me (although I know they will not issue the code).

If 1, no need to read the letter below. Thoughts?



Dear Sirs

Re: PCN No. ....................

1. I write in response to your letter dated XXXX (Your Letter). I note that this is a Notice to Keeper (NtK) and was given to me as keeper on XXXX.

2. I challenge this 'PCN' as keeper of the car.

3. Your Letter makes it clear that if my appeal is rejected I will be provided with details of how to refer the matter to an Independent Appeals Service (“POPLA”), along with a unique reference number. Should my appeal be unsuccessful, I will be requiring such details and unique reference number as specified in Your Letter.

4. I note that a period of 71 days has expired between the date on which the notice to driver was given, and the date on which this notice letter was sent to the current address for service for the keeper.

5. I further note that 75 days has expired between the date on which the notice to driver was given, and the date on which this notice letter was given to the current address for service for the keeper.

6. POFA2012 8(5) specifies that a NtK must be given within “28 days following the period of 28 days beginning with the day after that on which the notice to driver was given”. As noted above, this NtK has been given 75 days after an initial notice to driver was given.

7. I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

8. There will be no admissions as to who was driving and no assumptions can be drawn.

9. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.


10. You have obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach.

11. I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

12. Under the Protection of Freedoms Act 2012 (POFA2012) you are required to have the right to enforce against the driver of the vehicle the requirement to pay any alleged unpaid parking charges. Please confirm that INDIGO PARK SOLUTIONS UK LIMITED have such a right conferred on it by the landowner.

13. Your Letter specifies that a notice was affixed to the car offering me (as Keeper) an opportunity to avoid criminal prosecution. Please confirm the legal basis upon which a Keeper of a vehicle is required to pay an invoice (PCN) issued to a Driver of a vehicle.

14. POFA2012 8.2(c) requires a NtK to:
“state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);”
Please confirm that such a notice to driver has been given.

15. POFA2012 8(2)(e)(ii) and POFA2012 8(2)(f)(ii) and POFA 9(2)(e) requires a NtK to:
“state that the creditor does not know both the name of the driver and a current address for service for the driver”
Your Letter does not clarify your knowledge of the drivers name or address. Please state your current position with respect to your knowledge of the name and address of the driver.

16. Please clarify what happens after 28 days of the issue date of the NtK with respect to your rights as creditor. POFA2012 is very clear that this should be specified.

17. POFA 8(7) requires the NtK to “be accompanied by any evidence prescribed under paragraph 10.” As no evidence accompanied this NtK, I must assume that no evidence is in existence. Please confirm this is the case.

18. POFA 9(2)(b) states that an NtK must “inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;” Your Letter gives no such information. Please clarify your position with respect to this point.

19. POFA 9(2)(e)(ii) states that a NtK must invite the Keeper to “to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;”.
In Your Letter you issue no such invitation. Please clarify your position with respect to the issue of an invitation of this nature.

20. You must either offer me a POPLA code, or cancel the charge.

Yours faithfully,

Marktheshark

Joe_whenjung wrote: »

Hi guys,

If I appeal as the KEEPER, what grounds could I put? The DRIVER could appeal on the basis that a parking ticket had been paid for, but fallen in the foot well. As keeper, I don't believe I have any other reason to appeal (signage is clear etc).

ONLY !!!
state facts which support your case, the driver had purchased and displayed a valid contractual payment receipt.
Which a copy (never send the original) is enclosed.

EMIT : facts that admit anything that is detrimental to your case, this is known as a defence.

Leave anything that is detrimental to the case for them to prove.

pappa_golf

Joe_whenjung wrote: »

can you link to the thread pappa? Id like to see if they give the source of information. Unless anyone here knows where one can source a list of companies with written authorisation?

.http://forums.pepipoo.com/index.php?showtopic=117347&st=0

post 10

Joe_whenjung

Thanks Mark. You are right. I've got so caught up in the process, I've forgotten the original injustice behind it.

it was of course ignored in the initial appeal, but no reason not to re-state that fact. Would you emit everything from 12. down?